The implementation of international criminal law in Malawi

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On 17 July 1998, a total of 120 States, including Malawi, voted for the adoption of the Rome Statute of the International Criminal Court. The ermanent ICC became operational on 1 July 2002. The ICC has jurisdiction over the crime of genocide, crimes against humanity, and war crimes. These crimes are the most serious crimes of international concern. The ICC operates under the principle of complementarity, which entails that the ICC will only assume jurisdiction over these core crimes in the event that a State Party is unwilling and unable genuinely to carry out the investigation and prosecution. States Parties have, therefore, the primary responsibility to investigate and prosecute these crimes. The States Parties must therefore establish jurisdiction to conduct investigations and prosecution of these core crimes. It is from that background, coupled with the historical evolution and development of international criminal law, with regard to individual criminal responsibility, that this paper argues for the implementation of the Rome Statute in Malawi, through domestic legislation.The paper thus argues that only through domestic legislation can the purports of the Rome Statute be achieved and fulfilled by Malawi.